Connecticut Divorce: Dividing Property

Learn how marital assets and debts are divided in a Connecticut divorce.

One of the challenges divorcing couples must face is dividing their
marital property and assigning marital debts. Connecticut law requires
the division of property in divorce to be equitable, meaning that it
must be fair but not necessarily equal. Some couples are able to agree
on their own on how they'll divide their marital property, while others
use the help of attorneys or a mediator to negotiate a settlement.
Couples who don’t manage to resolve property issues themselves will end
up going to court to ask for a decision from an arbitrator or a judge.

Marital Property and Separate Property

Although Connecticut courts frequently refer to property a couple
acquires after marriage as “marital property,” the law in Connecticut
allows a judge to divide not just marital property, but all of both
spouses' property, in any manner that seems fair, regardless of which
spouse actually owns it or when it was acquired. If one spouse owns
property before marriage, or acquires it by gift or inheritance, a court
will usually, but not always, treat that property as a non-marital
asset and award it to the original owner in a divorce. But if the court
deems it fair, separate property can be divided.

In many cases it is difficult to determine what property is marital
and what property is not. Marital and separate property can become mixed
together—sometimes called “commingling.” A premarital bank account
belonging to one spouse can become marital property if the other spouse
makes deposits to it; a house owned by one spouse alone can become
marital property if both spouses pay the mortgage and other expenses. If
the spouses aren’t able to decide what belongs to whom, the judge will
have to decide whether or not to treat any of the commingled property as
premarital property belonging only to one spouse.

A couple making their own agreement can divide assets in whatever way
they see fit. Some couples have a premarital agreement defining
property as separate or marital; if there is a prenup, it can make
dividing property much easier.

Assigning Value

The spouses—or the court if the spouses can’t agree – generally
assign a monetary value to each item of property. Appraisals can help a
couple determine the value of real property as well as items like
antiques or artwork. Retirement assets can be very difficult to evaluate
and may require the assistance of an actuary, C.P.A., or other
financial analyst.

Dividing the Property

Spouses can divide assets by assigning certain items to each spouse,
or by selling property and dividing the proceeds. They can also agree to
hold property together; this isn’t a very attractive option for many
people, because it requires ongoing interactions with an ex-spouse, but
some couples agree to keep the family home until children are out of
school. Others may keep investment property in hopes it will increase in
value.

The couple must also assign all debt accrued during the marriage,
including mortgages, car loans, and credit card debts, to one spouse or
the other.

If the couple can’t agree on how to divide property and debts, a judge will decide, taking into account each spouse’s:

age, health, and station in life,

occupation, vocational skills, and employability,

amount and sources of income,

liabilities and needs,

opportunity for future acquisition of capital assets and income, and

estate.

Other factors a judge will consider include the length of the
marriage; the contributions of a spouse to the acquisition,
preservation, or appreciation in value of either spouse’s estate; and
the causes for the dissolution of the marriage—which could
include consideration of whether one of the spouses was primarily
responsible for the breakdown of the marriage. There is no fixed formula
for determining what is equitable; every case depends on the individual
facts and circumstances.